Enforceability of "fair usage" policies in contracts

Thirdfox

People who have read my previous posts will know I'm not asking for legal advice

Anyway, when a company advertises "free" calls/online access etc. etc. but in the terms and conditions state "subject to fair usage policies" is this an enforceable part of the contract (or would it be regarded as a breach of the intentions of a party (or anything else)?)

Could a consumer state that not having read the specific detailed terms that they assumed that free meant free (unlimited or any other words that companies often use to try and lure in new customers).

Any cases taken in England or Ireland over these terms? What is the opinion of the legal academics in Ireland?

I want to hear your views (backed up with legal sources preferably).

Victor

Thirdfox wrote: »

Could a consumer state that not having read the specific detailed terms that they assumed that free meant free (unlimited or any other words that companies often use to try and lure in new customers).

If the terms and conditions were available, it matters not that they weren't read.

Isn't there something in the National Consumers Agency's remit about unfair T&Cs?

Thirdfox

There's also the Unfair Terms in Consumer Contracts SI implementing the European regulations in this area but specifically I wanted to know if anyone knew whether fair use policies have ever been challenged in court and what the result was...

johnnyskeleton

It sounds like they could be challenged as an illusory term, as the fair usage is more of a guide than a hard and fast limit.